Modern Law Of Self Determination PDF Download
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Author | : Christian Tomuschat |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 368 |
Release | : 1993-09-02 |
Genre | : Law |
ISBN | : 9780792323518 |
Download Modern law and self-determination Book in PDF, ePub and Kindle
"Modern Law of Self-Determination" examines the significance of the right to self-determination in the new world order. For decades, self-determination was seen as a right of colonial peoples. Now the decolonization process has come to an end, its scope and meaning need to be re-examined. Increasingly, the ethnic groups within established nation States claim some separate political status. In extreme cases of persecution of an ethnic group by a ruling majority, secession may provide the only viable remedy to resolve the conflict. However, international law cannot promote a general Balkanization' of the globe. The legitimate interests of all ethnic groups should be accommodated within the framework of existing States. Self-determination, which today is predominantly understood as implying a right to independent statehood, may have to be re-interpreted as conferring no more than a right to autonomy or federal statehood. Such a conception is in line with a modern tendency that highlights the necessary internal dimension of self-determination. "Modern Law of Self-Determination" is based on papers delivered at a conference in Bonn in August 1992 which have been updated and reviewed by the authors in light of the discussions following their presentation.
Author | : David Raic |
Publisher | : BRILL |
Total Pages | : 515 |
Release | : 2002-09-01 |
Genre | : Law |
ISBN | : 904740338X |
Download Statehood and the Law of Self-Determination Book in PDF, ePub and Kindle
Although most international lawyers assumed that the distribution of the land surface of the earth between States was more or less final after the end of decolonization, recent practice has disproved this assumption. Eritrea separated from Ethiopia and new States were created out of the former Soviet Union, the former Yugoslavia and the former Czechoslovakia. There is no reason to believe that these events form the end of the creation of new States. Numerous communities within existing States claim a right to full separate statehood on the basis of their entitlement to an alleged right to self-determination. However, in most cases, the international community rejected such claims to statehood, even if the territorial entity satisfied the traditional criteria for statehood. On the other hand, in other cases, including some of those mentioned above, the international community acknowledged the statehood of entities which clearly failed to meet these criteria. In the light of the above-mentioned developments, this book examines the modern law of statehood, and in particular the role of the law of self-determination in the process of the formation of States in international law. The study shows that the law of statehood has changed considerably since the establishment of the United Nations. It is argued that the law of self-determination is particularly relevant for explaining the international community's position regarding the general recognition, or the general denial, of statehood of different territorial entities under contemporary international law.
Author | : Fernando R. Tesón |
Publisher | : Cambridge University Press |
Total Pages | : 259 |
Release | : 2016-04-06 |
Genre | : Law |
ISBN | : 1107119138 |
Download The Theory of Self-Determination Book in PDF, ePub and Kindle
In this book, leading scholars re-examine the principle of national self-determination from diverse theoretical perspectives.
Author | : Jörg Fisch |
Publisher | : Cambridge University Press |
Total Pages | : 351 |
Release | : 2015-12-09 |
Genre | : History |
ISBN | : 1107037964 |
Download A History of the Self-Determination of Peoples Book in PDF, ePub and Kindle
This book examines the conceptual and political history of the right of self-determination of peoples.
Author | : Christian Tomuschat |
Publisher | : BRILL |
Total Pages | : 359 |
Release | : 2023-08-21 |
Genre | : Law |
ISBN | : 9004635106 |
Download Modern Law of Self-Determination Book in PDF, ePub and Kindle
Modern Law of Self-Determination examines the significance of the right to self-determination in the new world order. For decades, self-determination was seen as a right of colonial peoples. Now the decolonization process has come to an end, its scope and meaning need to be re-examined. Increasingly, the ethnic groups within established nation States claim some separate political status. In extreme cases of persecution of an ethnic group by a ruling majority, secession may provide the only viable remedy to resolve the conflict. However, international law cannot promote a general `Balkanization' of the globe. The legitimate interests of all ethnic groups should be accommodated within the framework of existing States. Self-determination, which today is predominantly understood as implying a right to independent statehood, may have to be re-interpreted as conferring no more than a right to autonomy or federal statehood. Such a conception is in line with a modern tendency that highlights the necessary internal dimension of self-determination. Modern Law of Self-Determination is based on papers delivered at a conference in Bonn in August 1992 which have been updated and reviewed by the authors in light of the discussions following their presentation.
Author | : Aureliu Cristescu |
Publisher | : New York : United Nations |
Total Pages | : 142 |
Release | : 1981 |
Genre | : Political Science |
ISBN | : |
Download The Right to Self-determination Book in PDF, ePub and Kindle
Author | : Christian Walter |
Publisher | : OUP Oxford |
Total Pages | : 337 |
Release | : 2014-06-05 |
Genre | : Law |
ISBN | : 0191006912 |
Download Self-Determination and Secession in International Law Book in PDF, ePub and Kindle
Peoples and minorities in many parts of the world assert a right to self-determination, autonomy, and even secession from a state, which naturally conflicts with that state's sovereignty and territorial integrity. The right of a people to self-determination and secession has existed as a concept within international law since the American Declaration of Independence in 1776, but the exact definition of these concepts, and the conditions required for their application, remain unclear. The Advisory Opinion of the International Court of Justice concerning the Declaration of Independency of Kosovo (2010), which held that the Kosovo declaration of independence was not in violation of international law, has only led to further questions. This book takes four conflicts in the post-Soviet Commonwealth of Independent States (CIS) as a starting point for examining the current state of the law of self-determination and secession. Four entities, Transnistria (Moldova), South Ossetia, Abkhazia (both Georgia), and Nagorno-Karabakh (Azerbaijan), claim to be entitled not only to self-determination but also to secession from their mother state. For this entitlement they rely on historic affiliations, and on charges of discrimination and massive human rights violations committed by their mother state. This book sets out its analysis of these critical issue in three parts, providing a detailed understanding of the principles of international law on which they rely: The first part sets out the contours and meaning of self-determination and secession, including an overall assessment of secession within the Commonwealth of Independent States. The second section provides case studies investigating the events in Transnistria, South Ossetia, Abkhazia, and Nagorno-Karabach in greater detail. The third and final section extends the scope of the examination, providing a comparative analysis of similar conflicts involving questions of self-determination and secession in Kosovo, Western Sahara, and Eritrea.
Author | : Jorge E. Viñuales |
Publisher | : Cambridge University Press |
Total Pages | : 1047 |
Release | : 2020-10-08 |
Genre | : Law |
ISBN | : 1108662307 |
Download The UN Friendly Relations Declaration at 50 Book in PDF, ePub and Kindle
The year 2020 marks the 75th anniversary of the United Nations Organisation, and the 50th anniversary of the United Nations Friendly Relations Declaration, which states the fundamental principles of the international legal order. In commemoration, some of the world's most prominent international law scholars from all continents have come together to offer a comprehensive study of the fundamental principles of international law. Each chapter in this volume reflects decades of experience, work and reflection by the most authoritative voices of the field. At the same time, the book is an invitation to end narrow specialisation and re-engage with the wider body of rules and processes that lie at the foundations of the international legal order.
Author | : George Barrie |
Publisher | : |
Total Pages | : 48 |
Release | : 1995 |
Genre | : Self-determination, National |
ISBN | : |
Download Self-determination in Modern International Law Book in PDF, ePub and Kindle
Author | : Przemysław Tacik |
Publisher | : BRILL |
Total Pages | : 518 |
Release | : 2023-07-17 |
Genre | : Law |
ISBN | : 9004680268 |
Download Deconstructing Self-Determination in International Law Book in PDF, ePub and Kindle
The right of peoples to self-determination seems well-settled and covered extensively in the scholarly record. Yet old Trotsky’s question – of whom is this right and to what? – haunts the self-determination literature. Somehow almost every work on it begins with an expression of puzzlement. This right turns out to be elusive, underdefined in its scope and content, paradoxical in almost every aspect. This book mobilises all powers of critical legal theory and modern philosophy to take the bull by its horns. Instead of ironing out the paradoxes, it aims to finally give them a proper explanation based on the concept of exception.